May I use a Spot Pot in Maryland?

08/06/2010 | Posted by JEVANS
Tags: Recreational, Commercial, Clarification, Spot, Pots, Law, Regulation


Recreational Anglers and Fishing Guides:

Recreational anglers and licensed fishing guides are limited to recreational fishing gear, which is restricted to hook and line, hand-operated dip nets, spear guns, bow and arrow, or ten-foot cast nets. Therefore, recreational anglers and fishing guides may not take finfish of any kind with commercial gear, including spot pots.
Commercial Fishermen:

An individual with an Unlimited Tidal Fish License (TFL) or Unlimited Finfish License (FIN) may use commercial fishing gear to harvest finfish. Currently spot pots are not a gear defined in Maryland regulation. Absent a regulation to prohibit the gear, an individual licensed with a TFL or FIN may set spot pots. As with other finfish harvest, commercial fishermen must file a monthly finfish harvest report including the number of spot harvested by the 10th day of the following month.

DNR Fisheries Service is concerned about the unmeasured impact on juvenile spot and other animals such as striped bass, white perch, and blue crabs that may be caught in the pots.

Maryland has a spot fishery management plan with specific objectives and strategies to protect juvenile spot, which do not mature until ages two or three and at lengths of seven to eight inches. Information on the Chesapeake Bay Program Spot management plan may be ordered online at http://www.chesapeakebay.net/publica...menuitem=16873. The Atlantic States Marine Fisheries Commission Fisheries Management Plan for Spot is available at www.asmfc.org from the Managed Species page.

DNR Fisheries Service will further evaluate the sustainability of using spot pots this fall/winter. This evaluation will focus on whether or not spot pots should be permitted with or without restrictions or prohibited. The Fisheries Service will continue to consult the Sport and Tidal Fisheries Advisory Commissions as necessary. If regulatory action is needed, DNR will work towards implementing them by June 2011.
Summary:

* Recreational anglers and fishing guides without TFL or FIN commercial fishing licenses may not use spot pots to catch finfish at all.
* Commercial fishermen with TFL or FIN licenses may use spot pots to catch finfish.
* The Department may pursue regulations to restrict or prohibit spot pot use in 2011 and advises caution in making investments in this gear at this time.
* Commercial fishermen must file a monthly finfish harvest report including the number of spot harvested by the 10th day of the following month.

For information on this issue, contact Joe Evans, jevans@dnr.state.md.us. (410) 260-8307.